New tonight: The Justice Dept. has asked a judge to toss out Paul Manafort's lawsuit challenging special counsel Mueller's appointment. How do they start? By arguing that Mueller "is properly operating within the scope of his authority" assets.documentcloud.org/documents/4365… 
DOJ begins by defending how Mueller has handled the investigation so far, but the government is arguing the judge shouldn't even get there -- that Manafort shouldn't be allowed to use a civil suit to challenge a criminal prosecution assets.documentcloud.org/documents/4365… 
DOJ: "[Paul] Manafort has an adequate forum in which to raise his arguments — the underlying criminal action." assets.documentcloud.org/documents/4365…
On Count 1 against DOJ re: the validity of Mueller's appointment, brought under the Administrative Procedure Act, DOJ argues it should be tossed because Manafort has another remedy available -- to argue for dismissal in his criminal case assets.documentcloud.org/documents/4365… 
On Count 2, alleging that even if Mueller's initial appointment was valid he has exceeded the scope of his authority, DOJ argues that Manafort failed to present a legitimate cause of action to give the court jurisdiction assets.documentcloud.org/documents/4365… 
DOJ concludes by noting DAG Rosenstein has said, under oath, that Mueller is acting within the scope of his authority (a transcript of Rosenstein's House Judiciary testimony to that effect in December is attached, see: buzzfeed.com/zoetillman/rod…) assets.documentcloud.org/documents/4365… 
Paul Manafort's civil lawsuit is now before the same judge handling his criminal case, US District Judge Amy Berman Jackson. No court dates have been scheduled yet, but Manafort is due back before Jackson in his criminal case for a status hearing on Feb. 14.
